The short and sweet answer to your question is Yes, DNA tests are legal in India, but it is not like everybody out there can go for a DNA test. It shall only be done while staying on the right side of the law. Let’s discuss it in a better and much deeper way.
What’s the Legal Scene Around DNA Testing in India?
See, the thing is, DNA testing in India is not just a question of science. It includes a lot of legal rules. The Indian Evidence Act of 1872 is the primary one. In accordance with Section 112 of this Act, if a child is born during a valid marriage, the law assumes that the husband of that child is the father. But, here’s the catch, if there’s a doubt regarding the real father, a DNA test can be performed according to the law. The law states that if a court believes there are valid reasons to suspect that the husband might not be the father of the child, in that case, they may order a DNA test.
In the past few years, Indian courts have made important updates on the question of when and how DNA tests can be performed. For instance, in Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik and Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission for Women, the courts made it clear that DNA testing is a method that can determine biological relationships but it should only be used in cases with sufficient cause, you know?
Privacy and Ethical Stuff You Should Know
Although DNA testing is quite accurate and helpful, it does create some serious ethical and privacy concerns that’s for sure, and that is particularly true in India where family and social norms are rather important. The right to privacy is a key issue here. Because it stresses safeguarding personal information, including your genetic data, this decision changes everything about DNA testing.
Regarding children, the courts pay great attention oftentimes. The Supreme Court is quite clear that a child’s privacy should not be invaded unless absolutely required, you know? In paternity conflicts, for example, a court will not mandate a DNA test unless another approach to resolve the problem is not possible in any way. The motivation is Taking such a test might permanently affect a child’s mental and emotional state. After all, the court’s major priorities are making sure the child’s identity and sense of belonging are safeguarded and that they are not viewed as merely another bit of evidence.
What Happens After the DNA Test?
Let’s say, through the DNA test, the court finds out that the husband is actually the father of the child or kid, in that case, the father must pay the child support. But let’s say if the results of a DNA test suggest the exact opposite, in that case, the father can be free from the custody of the kid, and will not be liable to pay any financial support to the mother.
